Hello
If my son come to United staates with a I 94W
and his I 130 will be approved while he over here can he file vor adjustment of status (I485)
while he is here.???

Yes, he can. Read I-485 form.

The I-130 form has to be sent together with I-485, otherwise he will not be approved just only with one form I-130 form. Did he come on B1 or B 2 visa?

quote:

Originally posted by martha3346:
Hello
If my son come to United staates with a I 94W
and his I 130 will be approved while he over here can he file vor adjustment of status (I485)
while he is here.???

Are you US citizen? How old is your son?

quote:

Originally posted by inspector45:
The I-130 form has to be sent together with I-485, otherwise he will not be approved just only with one form I-130 form. Did he come on B1 or B 2 visa?

no, he is comming over here with a I 94W not a B1 or B2 Visa you can not file A I 130 together with a 485 he's over 21 and he is not here yet

quote:

Originally posted by aneri:

quote:

Originally posted by martha3346:
Hello
If my son come to United staates with a I 94W
and his I 130 will be approved while he over here can he file vor adjustment of status (I485)
while he is here.???

Are you US citizen? How old is your son?

My Husband filed the I 130 for my son over 21 not married in June 2002 and he's a US citizen

This message has been edited. Last edited by: martha3346,

Are you a U.S. Citizen? When did you file the I-130? Depending on your answer, it might some time to process your case. Your case will be processed fastest if you are a U.S. Citizen

Since your son has an I 94W that means he's from a country with the Visa Waiver Program, which means he's allowed to stay here for 90 days or less without a visa. He can't stay here pass 90 days without a visa. He has to either get a visa or go back home and surrender the I-94W at the Airport.

Being a U.S. Citizen will make things a lot easier.

Cheers,

Newly

quote:

Originally posted by NewlyMinted:
Are you a U.S. Citizen? When did you file the I-130? Depending on your answer, it might some time to process your case. Your case will be processed fastest if you are a U.S. Citizen

Since your son has an I 94W that means he's from a country with the Visa Waiver Program, which means he's allowed to stay here for 90

days or less without a visa. He can't stay here pass 90 days without a visa. He has to either get a visa or go back home and surrender the I-94W at the Airport.

Being a U.S. Citizen will make things a lot easier.

Cheers,

Newly

MY HUSBAND FILED THE I 130 IN JUNE 2002 AND HE IS A US CITIZEN

quote:

Originally posted by inspector45:
The I-130 form has to be sent together with I-485, otherwise he will not be approved just only with one form I-130 form. Did he come on B1 or B 2 visa?

my son is over 21 not married you have to send a approved I 130 with your I 485 so what are you talking about??

quote:

Originally posted by martha3346:
MY HUSBAND FILED THE I 130 IN JUNE 2002 AND HE IS A US CITIZEN

Let's assume your husband can petition for your son as his ( you know the rules for that, correct?).

Son or daughter of US citizen has to wait for a visa number to be available to him/her. At the moment, the beneficiaries of F1 category whose I-130 have been filed on or before:

Mexico 01JUL93
Phillipines 15NOV91
from other countries 22APR01

are eligible to file for adjustemnt of status (I-485) or to have the interview at the consulate.

It doesn't look like there will be a visa number available to your son if he comes some time soon. Remember, he has to be in valid status (90 days for VWP) to be able to file for adjustemnt of status in the US.

Your son might be better off applying for a visa instead of using the VWP. A mean Immigration Officer can deny his I-485 application on the graounds that he uses the VWP to immigrate to the U.S. Take a look below. I am also attaching the link for you.

When does a national of a VWP country need to apply for a visa instead of using the VWP?

Nationals of VWP countries must meet the conditions noted in the section above (Which travelers may use the Visa Waiver Program to enter the United States?) in order to seek admission to the U.S. under the Visa Waiver Program. Travelers who do not meet these conditions must apply for a visa. In particular, a visa must be requested if the traveler:

Wants to remain in the U.S. for longer than 90 days, or envisions that they may wish to change their status (from tourism to student, etc.) once in the United States;
Wants to work or study in the United States, wants to come to the U.S. for other purposes not allowed on a visitor visa, or intends to immigrate to the U.S.;
Does not have a machine-readable passport (MRP) as of June 26, 2005.
Intends to travel by private aircraft or other non-signatory air or sea carriers to the U.S.;
Has been refused a visa or admission to the U.S. before, or did not comply with the conditions of previous VWP admissions (90 days or less stay for tourism or business, etc.); or
Has a criminal record or other condition making them ineligible for a visa (see Classes of Aliens Ineligible for Visas ).

http://travel.state.gov/visa/temp/without/without_1990.html

Cheers,

Newly

quote:

Originally posted by aneri:

quote:

Originally posted by martha3346:
MY HUSBAND FILED THE I 130 IN JUNE 2002 AND HE IS A US CITIZEN

Let's assume your husband can petition for your son as his ( you know the rules for that, correct?).

Son or daughter of US citizen has to wait for a visa number to be available to him/her. At the moment, the beneficiaries of F1 category whose I-130 have been filed on or before:

Mexico 01JUL93
Phillipines 15NOV91
from other countries 22APR01

are eligible to file for adjustemnt of status (I-485) or to have the interview at the consulate.

It doesn't look like there will be a visa number available to your son if he comes some time soon. Remember, he has to be in valid status (90 days for VWP) to be able to file for adjustemnt of status in the US.

You can't file for adjustment of status on VWP

quote:

Originally posted by martha3346:
You can't file for adjustment of status on VWP

You are correct ...in the case of your son, he wouldn't be able to file for AOS if he enteres on VWP. Thanks for pointing that out.

The VWP restriction does not apply to immediate relatives who file for AOS, thought it was important clarify that issue.

-THIS IS NOT LEGAL ADVICE-

When your husband applied for I-130 form where was you son? Out of USA or in the USA? I do not think INS will approve the case if your son has been in the USA without filing I-485 form ,G-325A form and I-693 form. If your son has been out of USA and he has gone via consulate then he does not need the apply for I-485 form. Also has your husband filed for I-864 form ?